Nichole Y. Shafer
Guest Columnist
A lot of people like to celebrate big life events while consuming alcohol. Most of the time the alcohol is not consumed at an individual’s house and is instead consumed at a bar, restaurant or a friend’s house during a party.
It is widely known that people cannot drink and drive. Drinking and driving are a deadly combination that can have deadly consequences. Further, it is widely known that if you drink and drive, you can get arrested.
However, a lot of people call the criminal offense of driving drunk a DUI, which stands for driving under the influence. Others call the offense of driving drunk an OVI, which stands for operating a vehicle impaired. So which term, DUI or OVI, is the correct term used today under Ohio law?
Prior to 1982, Ohio law and Ohio prosecutors used the term DUI for driving and drinking offenses. The term DWI, which stands for driving while intoxicated, was also widely used during this time. But in 1982, Ohio law changed the term used to OMVI, which stood for operating a motor vehicle impaired. Then in 2005, the Ohio general assembly dropped the “M,” deciding not all vehicles need to be motorized for it to present a danger to others.
Thus, the current term for drinking and driving is OVI. For the offense of OVI, Ohio law makes it illegal to “operate” a vehicle under the influence of alcohol and/or drugs.
What many people might not realize is that the term DUI does not appear in Ohio law. Instead, it is just a widely used abbreviation that is commonly accepted.
Over time, the name and abbreviations changed for drinking and drinking, but all the abbreviations amounted to the same behavior. With every different abbreviation came different elements that the prosecutor would have to prove to make the case against a defendant.
When Ohio law used the term DWI, one of the biggest challenges prosecutors faced was having to prove that the defendant was actually driving.
To combat the challenge of providing that a defendant was actually driving, Ohio changed the word “driving” to “operating.” This change substantially helped prosecutors.
“Operate” is defined under the law as to cause movement of a vehicle. A “vehicle” is defined as every device by which a person may be transported. The term vehicle does include bicycles but does not include motorized wheelchairs, electric personal assistive mobility devices or low-speed micromobility devices.
There are five different types of OVI offenses under Ohio law, all with different penalties when violated. OVI-related offenses include physical control of a vehicle while under the influence and boating under the influence.
Thus, under the current law, the correct term for drinking and driving is OVI but it is widely still known as DUI. Even if you say DUI to a prosecutor or other law enforcement agent, they all should know that you are talking about an OVI offense.
Nichole Y. Shafer is an Ohio-licensed attorney at Schroeder Law LTD in Putnam County. She limits her practice to business, real estate, estate planning and agriculture issues in northwest Ohio. She can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.
